PeteUS325

Well, it all seems rather straightforward, at least on the surface. As far as the time need, how long does it usually take to get all the paperworks (incl. passport for the baby) done from the US Consulate?

My wife is expecting by mid-July btw.

And will the US Consulate in Guangzhou mailed it to you or you need to pick it up yourself in person?

Hey P - any news? Where's that baby, la/ma ..

Well, it all seems rather straightforward, at least on the surface. As far as the time need, how long does it usually take to get all the paperworks (incl. passport for the baby) done from the US Consulate?

My wife is expecting by mid-July btw.

My wife is planning to give birth of our new baby in China (long story!). I'm a US citizen while she is on her 2 year green card. I was told I can easily get my baby a US passport at the US consulate in China so I could bring her back here in the states. Is that really an easy process and how long does it usually take to get all the paperworks done at the consulate?

TIA

P

My wife got her temporary green card for about a year now. We just wondering how long can she be out of the US without causing any trouble on re-entry. I was told it is 6 months or you will need to apply for some kind of special re-entry permit. Is that sounds right? Btw, I don't believe there is any difference between having the temporary or permanent green card as far as being away from the country go.

TIA,

Pete

My wife got her temporary green card for about a year now. We just wondering how long can she be out of the US without causing any trouble on re-entry. I was told it is 6 months or you will need to apply for some kind of special re-entry permit. Is that sounds right?

TIA,

Pete

My I-485 petition has been transferred from USCIS in NJ to the CA

office for quite some time. And yesterday I got a really stupid request

for additional info. from USCIS - they want me to submit an official English

translation of my marriage certificate which was issued in the State

of NJ .... oh well!

Anyway, I need to send them a letter "explaining" the fact, but they seem to

forget telling me where should I send the evidence back to. So is the address

the same as the return address on the USCIS envelop which is

US Dept of Homeland Security - USCIS

P.O. Box 30111-30115

Laguna Niguel,

CA 92607-0111

Or

USCIS - California Service Center

2nd Floor,

24000 Avila Road,

Laguna Niguel,

CA 92607-0111

I just want to be perfectly sure and not causing any further delay.

TIA,

Pete

That's a slight exaggeration, but there are essentially no ways for a male in Indiana to get any kind of "assistance" unless they are disabled on the job. Ergo, what would you even have to pay back, if the government actually made people pay it back?

Well, then, to answer your question - why NOT pull the green card? Whether he entered the country fully INTENDING to marry someone while screwing around, or looked at his surroundings and realized he could get a "better deal" than what he'd originally intended, the point is - he's pretty much abandoned the only reason he was here. "Obligations to USCIS" be damned - it's obvious he likely wouldn't even qualify for any benefits, so really, what's the issue?

If the conditions are removed, then yeah, I can see why there's nothing to be done. But if there IS a way that the process can be halted so that he won't benefit from a green card, I can't see why she shouldn't do that. She rearranged her entire life, spent all her money, and now this jacka$$ is screwing around on her like she doesn't even exist. Let HIM endure some hardship now - go restart your life where you came from, if that's how much you're going to value someone who made so many sacrifices for you. It's absolutely no less than he deserves. If it were me, it would most certainly be revenge, and I wouldn't have one problem admitting it. NO one would f*@# with me that way and get away with it.

So to clarify, there is the initial AOS process after the spouse is entered into US (assuming on K1 visa). But this is a conditional one only. In about 2 years time the USC spouse has to apply for "Removal of Conditions" so the permanent GC can be issued. The key is timing. As long as the permanent GC has not been issued, I believe the USC can ask to terminate the process and get out of the financial responsibility come with the Affidavit of Support.

In item #23 it ask for your "Current Annual Income". Should this be your expected income for 2008 or your declared income in your 2007 tax returns? Expected estimated income for 2008.

Unfortunately I was recently laid off from my work but I don't supposed to put down a big zero right?! You might need to get a co-sponsor if your income is zero for 2008 and they do not accept the use of assets instead, as it happened to many applicants.

Along with I-864, am I supposed to also sent in copy of my '07 tax returns and the bank letter showing current balance (use of asset to qualify)? Yes

For item #21, since my fiancee enter the US using K-1 and now we've got married, will that cause a duplication in checkbox (a) and ©? This is double-counting and I suppose you should only check either one. Check only "sponsored immigrant", do not check "spouse", for a total of 2.

>..... and they do not accept the use of assets instead, as it happened to many applicants

Really! Did the officials explain that in any further details? Technically, if you have enough dough in the bank, you can live off the interest income alone.

Technically, assets are only secondary monetary value to the eyes of UCSIS. They want to see that you have a regular income every month, and not dependent on some bank to get your cash flowing. You have to have 125% of the poverty line to meet income requirements. That is total income within the past year (before taxes). If not, get a co-sponsor to meet this requirement. Unless you have like $30,000 in the bank at least, they are very strict with cash/value assets and most likely will receive a RFE or give you a hard time getting approved.

I have pay stubs from Jan '08 to July '08 which I can use to put down under "Your Current Annual Income" on item #23. It will be way over the 125% poverty guideline. So, would this be better than put down your gross income from 2007?

>....Unless you have like $30,000 in the bank at least .......

Do you mean getting $30k/yr interest from your cash or simply $30k plain cash in the bank? $30k plain cash in the bank account would be no problem at all.

In item #23 it ask for your "Current Annual Income". Should this be your expected income for 2008 or your declared income in your 2007 tax returns? Expected estimated income for 2008.

Unfortunately I was recently laid off from my work but I don't supposed to put down a big zero right?! You might need to get a co-sponsor if your income is zero for 2008 and they do not accept the use of assets instead, as it happened to many applicants.

Along with I-864, am I supposed to also sent in copy of my '07 tax returns and the bank letter showing current balance (use of asset to qualify)? Yes

For item #21, since my fiancee enter the US using K-1 and now we've got married, will that cause a duplication in checkbox (a) and ©? This is double-counting and I suppose you should only check either one. Check only "sponsored immigrant", do not check "spouse", for a total of 2.

>..... and they do not accept the use of assets instead, as it happened to many applicants

Really! Did the officials explain that in any further details? Technically, if you have enough dough in the bank, you can live off the interest income alone.

In item #23 it ask for your "Current Annual Income". Should this be your expected income for 2008 or your declared income in your 2007 tax returns? Unfortunately I was recently laid off from my work but I don't supposed to put down a big zero right?!

Along with I-864, am I supposed to also sent in copy of my '07 tax returns and the bank letter showing current balance (use of asset to qualify)?

For item #21, since my fiancee enter the US using K-1 and now we've got married, will that cause a duplication in checkbox (a) and ©? This is double-counting and I suppose you should only check either one.

TIA,

Pete

Given the current state of the economy, the inevitable has finally arrived and my company has layoff everyone in our dept. I know this will affect the filing of the AOS for my soon-to-be-wife. Did anyone has similar unlucky experience?

I think what matters the most is the I-864. Can I substitute liquid assets for job salary and I suppose I should put down "0" under 'Current Annual Income'?

Other than the I-864, are there any potential problems on the AOS because of my adverse circumstance?

It's ok as long as your assests are at least $17,500 X 5 for 2 people. I was laid off b4 my wife had her K-1 interview, and I put my assests and she still passed with no issues.

Is it true that you will only need to multiply by 3 if the sponsor is a US citizen?

Given the current state of the economy, the inevitable has finally arrived and my company has layoff everyone in our dept. I know this will affect the filing of the AOS for my soon-to-be-wife. Did anyone has similar unlucky experience?

I think what matters the most is the I-864. Can I substitute liquid assets for job salary and I suppose I should put down "0" under 'Current Annual Income'?

Other than the I-864, are there any potential problems on the AOS because of my adverse circumstance?

My fiancee came here on K-1 and unfortunately she no longer has her vaccination record, so she needs to take all the required shots again for the purpose of AOS. I've called several civil surgeons and private Dr in my area and I can tell you it is one frustration experience :headbang:

They either insist on doing the whole vaccination+full medical checkup (I already told them she has the complete checkup for her K-1 visa while in China) or won't do any at all. And when I find someone who is willing to just do the vaccination, they quote me $400-500! What a rip-off :yikes:

So is anyone here can recommend us a decent Dr or clinic in the NJ or NYC area where we can go to and take care of the vaccination requirement?

TIA,

Pete

We used:

Dr. Marie Carmel Jacques

1618 New York Avenue

Huntington Station, NY 11746

631-421-2190

Fee for Full medical was $250.00 +/- Plus $75.00 Separate Lab charge (Paid directly to the facility) Give them call They are about 45 minutes east of the midtown tunnel here on the island.

Thanks guys. Btw, I was told USCIS has recently request that every K-visa holders has to re-do the complete physical exam here in the US in addition to the vaccination shots. This seems to be in conflict to what is posted on USCIS's web site. Could that be a policy change from USCIS?

My fiancee came here on K-1 and unfortunately she no longer has her vaccination record, so she needs to take all the required shots again for the purpose of AOS. I've called several civil surgeons and private Dr in my area and I can tell you it is one frustration experience :headbang:

They either insist on doing the whole vaccination+full medical checkup (I already told them she has the complete checkup for her K-1 visa while in China) or won't do any at all. And when I find someone who is willing to just do the vaccination, they quote me $400-500! What a rip-off :yikes:

So is anyone here can recommend us a decent Dr or clinic in the NJ or NYC area where we can go to and take care of the vaccination requirement?

TIA,

Pete

Any recommendation for a good temporary health insurance plan for new immigrants to the US?

TIA,

Pete

Definitely check into DCF. I'm not 100% sure how it works in Australia because each country has different rules but that would definitely ease the amount of time you may have to be apart.

Good Luck

Bex xxx

Sorry I guess I should read up but what is a DCF ?

I did read this on the following site

http://usaimmigrationattorney.com/DCFandnoDCFcountries.html

Australia*(Changed their policy and will now only accept Direct Processing of the Family-Based I-130 Petition in cases where the Petitioner is a resident and physically resides in the country for at least 6 months.)

Because I have so many questions is there any one that I can turn to eg help line visa services that might be in Australia that i can turn to for help and guidance ?

First, you can't file anything. US Citizens file visa petitions for their spouse or fiance(ee).

It sounds like your USC fiancee is a resident of Australia for more than six months but DCF is for a spouse. You say you want to marry in the USA. Unless you change your plan to marry first and file after (You could still travel to the US for the marriage, then return to Australia.) then DCF is not an option.

Your fiancee can file an I-129F petition for a fiance visa for you but she'd need to list a USA address on the petition. Parents, friend or family address will do. Then, since she has no US income, she'll need a co-sponsor towards the end of the process.

They "Guides" here are very helpful.

>..... since she has no US income ......

All US citizen has to file for IRS-1040 regardless of where they live so that should be the proof for financial support. Of course if she doesn't make the 125% of poverty guideline then she will need to either get a co-sponsor or put up liquid assets.

Personally I live and work in Bermuda and my fiancee has just received her K-1 visa. From my experience and what our attorney told me there are only two key things that the VO will look at regarding your case.

1) Financial support from the US petitioner so the applicant will not become a public charge when they come into US

2) Proof of genuine relationship

Someone has mentioned that the I-134 form currently on USCIS site is actually expired (look at the upper right corner and it shows an expiration date of 4/30/07). Currently we're waiting for our interview schedule which is on the 28th of May. Should we re-do the I-134 and if so where can I download the most up-to-date version?

TIA,

Peter

Pete ,

With K-1 you will need to marry in the USA within the 90 days then apply for AOS, AP and EAD. She can leave the country any time no problem but its the getting back in that will be the problem.

Even with AP if she/you are out of the country your chances of successful AOS are very small, ie how will you do biometrics and interview at the local USCIS office in the USA dealing with your case ?you are apply to change from immigrant to resident.

Remember you are applying to adust status to get a green card - permanant resident- pretty hard to do if you are not here.

Even if you get it somehow, if she out of the US for more than 6 months her GC will be revoked/ considered given up.

I know it won't be easy. But since I live and work in Bermuda now, the flight back to NY/NJ is only 2 hours away. I plan to have her stay with me on the island for most of the time after we send in her AOS application. But I'll also make sure she won't stay anywhere as long as 6 months to cause any trouble with her AP status or GC application. I can see we'll rack up a lot of milages on air travel in the future!

We're in the middle of waiting for the P3/P4 from the US embassy in

Guangzhou, China. Judging from the way things are moving for the K-1 visa,

we're hoping to get her the interview shortly.

The question that I have for the forum is I was approached recently

with a potential job opportunity at oversea. Assuming we get married

in the US as soon as she get the K-1 visa and then we move overseas

right after that. Can she still apply for the AOS/green card while she stay

with me as a married couple at overseas? And if not, how can she come

back to the US with me in the future if we decide to move back to the

states later??

TIA,

Pete

Save for very limited situations, an alien cannot adjust status while living overseas with you, because one of the requirements would be for the USC petitioner to demonstrate domicile in the USA. Your options are to begin the process later after marriage as a K3 or CR-1, but at that point you will have to show that you are domiciled in the USA.

>Your options are to begin the process later after marriage as a K3 or CR-1,

>but at that point you will have to show that you are domiciled in the USA.

If that's the case, is that meant I'll have to leave her behind and come back to the US all by myself after I finish the work overseas. THEN file for K-3/CR-1 (what's the differeence anyway?) so we can reunite as a couple?! That's sucks!!

I think the USCIS has to make some adjustment in the future as to how they handle situation like that. US workforce is getting more and more fluid and transitional these days. There are millions of Americans working overseas and the USCIS should accomodate the trend and new work habit.

>If you are living permanently in another nation as a married couple .......

It is never my intention to live overseas permanently. I can envision this oversea work assignment will only last 1 year or two.

So are you saying we should file for AOS/green card at the local US embassy once we've decided on a date to come back home (US)?

TIA,

Pete

We're in the middle of waiting for the P3/P4 from the US embassy in

Guangzhou, China. Judging from the way things are moving for the K-1 visa,

we're hoping to get her the interview shortly.

The question that I have for the forum is I was approached recently

with a potential job opportunity at oversea. Assuming we get married

in the US as soon as she get the K-1 visa and then we move overseas

right after that. Can she still apply for the AOS/green card while she stay

with me as a married couple at overseas? And if not, how can she come

back to the US with me in the future if we decide to move back to the

states later??

TIA,

Pete

So what is the guideline for substituting assets for wages?

I know they have this income table for you to look up the minimum annual income vs number of household to support. (e.g ~$17K/yr. for a household of two). Do they have similar table for someone who will use asset nstead?

Btw, where can I find that income table for reference.

TIA

No need for a cosponsor. I've got plenty assets. Thank you for the help!!

My income does fall below 125% of the poverty line. That's why I need to list this asset.

Then as you indicated in your post you list home value on first line, and amount owed on second line.

Or you may want to enlist a co-sponsor.

Lastly, US Embassy UK will also accept beneficiarie's assets, if those assets like savings are transfered to a US Bank, you can then add those assets to the I-134.

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:....

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

Just as a question...since I have looked and looked (the USCIS site isn't very helpful)...What IS the poverty level?

Thanks,

Dawn

http://www.uscis.gov/files/form/I-864P.pdf

I've received a letter from NVC in early November telling us that our K-1 petition will be transferred to US emabssy in China, Guangzhou within a week. But when I called DOS (Dept. of State) today to inquire the status, they told me the actual paperworks still haven't been sent out yet (but the electronic version did?!) and I was also told it will usually take 4-5 months before the US embassy in Guangzhou will receive the real paperworks!

I just want to ask the board here and see if it really did take that long for the K-1 file to be transferred from NVC to the US embassy, particularly the one on Guangzhou, China.

TIA,

Pete

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

Did someone here aware of this "Accelerated Processing" service from USCIS? Is it for real???

Can someone tell me again what's the procedures for calling VSC (what's their number btw) and get someone to talk to on line? I'm really fed up with the waiting. I'm on my 150 days at this point and it has never been 'touched' as far as I can see from USCIS website

Here are the steps for the RFE trick. It will get you through to talk to someone at VSC:

1-800-375-5283, 1, 2, 2, 4, 2, 1, EACxxxx, 1, 1.

Good luck!!!

What should I pretend to say after someone from USCIS get on the phone?

Tell them when you sent in your petition and that you haven't heard anything in a while and wanted to make sure there was no problem with your petition.

Good luck!!

Just called the USCIS and get a nice lady on the phone. Unfortunately I don't think she knows too much as she seems to give me the generic response. She told me all she can see on the computer is my case is still pending. There is no RFE or anything. My case is simply sitting there waiting in line to be picked up ........

She went on to say that the usual wait time is 6 months, and another 30 days for their adjustor to do the work. So I shouldn't have to contact them unless 7 months have passed ...... blah, blah, blah!

Not sure how much she said is the truth or she just simply reading from the script. Anyway, the whole waiting game is so frustrating and unbearable. What else can I do now??